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Kenyan Prof Makau Mutua's Woes Pile After US Scholar Files Suit Over Unfair Dismissal

BY JACKAL NEWS TEAM MAY 7, 2012, 9:35 AM


16 28SHARETHIS 27

JACKAL NEWS - A scholar in the USA has filed a civil rights lawsuit against Kenyan law teacher, Professor Makau Mutua, accusing the overbearing professor of corrupting a school process out of alleged vendetta. Mutua teaches law at the State University of New York's Buffalo Law School, where he also the dean. In a lawsuit filed on March 23 this year at the federal district court in Buffalo, New York, former University of Buffalo Law School Professor Jeffrey Malkan accuses Mutua of unfair dismissal. Back in Kenya, separately, Mutua is being investigated by police detectives on allegations of defamation, incitement, black mail and interfering with an International Criminal Court witness. Together with the former Kenya National Human Rights Commission chairman, Maina Kiai, Mutua is said to have had ''tempered'' with ICC witness(es). In the USA, Malkan, a former director of the law schools Legal Research and Writing program (LRW), claims that Mutua failed to follow non-discretionary faculty review procedures required under Malkan's contract with the law school. Malkan was fired after Makau eliminated the LRW program from the school's curriculum, but Malkan argues this should not have led to his dismissal since his contract allowed him to continue working as a clinical professor in case the LRW program got eliminated. In documents obtained by Mwakilishi.com, Malkan also argues that Makau did not follow dues process in firing him since faculty members were not allowed to vote on his dismissal, which was a requirement in Malkan's contract with the school. An additional lawsuit is pending against Mutua at the New York Public Employment Relations Board (PERB), brought by the faculty teacher's union (UUP), alleging repression and retaliation motivated by anti-union animus. Malkan says that he, along with other faculty members, had voiced their disapproval towards Mutua being appointed dean in 2008, saying he had been imposed on them. According to Malkan, this may have led to Makau eliminating his program and terminating his contract. Malkan is suing the school for 1.3 million dollars for breach of contract.
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